84R273 JSC-D

By: Watson S.B. No. 1921

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain offenses involving controlled substances and other prohibited drugs, substances, or paraphernalia.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.115, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 2. Section 481.1151, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 3. Section 481.116, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 4. Section 481.1161, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 5. Section 481.117, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 6. Section 481.118, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 7. Section 481.119, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense under Subsection (b) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 8. Section 481.121, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 9. Section 481.125, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) It is a defense to prosecution for an offense under Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 10. Section 483.041, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e) It is a defense to prosecution for an offense under Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 11. Section 485.031, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) It is a defense to prosecution for an offense under Subsection (a) that the actor:

(1) requested emergency medical assistance in response to the possible overdose of the actor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the actor requested emergency medical assistance in response to the possible overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

SECTION 12. This Act takes effect September 1, 2015.